make an order sentencing you without you being there to tell your side of the story. This is called an ex partehearing.

If the magistrate makes an order without you there, the court will serve a notice in writing to your address.

This notice tells you what order the magistrate made. It will also tell you that you can apply for a rehearing. You have 28 days from the date you get the notice to apply for a rehearing.

How to apply for a rehearing

To apply for a rehearing, go to the Magistrates’ Court and tell the court staff that you want to apply to come back to court for a rehearing. The court staff will give you an ‘Application for a rehearing’ form. Fill it in, sign it and give it to the registrar.

You must also serve a copy of your application on the informant (the police officer that charged you). You have seven days to do this after you file your application form.

Can the informant ask for a rehearing?

The informant can apply for a rehearing on your behalf. If this happens the informant will give you a notice that tells you when you have to go to court for the rehearing.

What happens to the orders against me?

After you file the application for a rehearing at court, the orders the magistrate made against you when you were not there will be stayed. This means that they are put on hold until the magistrate decides if your case can be heard again.

This does not apply to orders against your drivers licence. If the magistrate ordered that your licence be cancelled, suspended or varied, you will also have to apply to stay these orders. The application for staying these orders is on the ‘Application for a rehearing’ form. Sign and date this part of the form too.

What happens at the rehearing?

Go to court on the date set for your rehearing. The magistrate will look at your application for the rehearing and decide whether your case can be heard again.

What if I did not know that I had to go to court?

The magistrate will grant you a rehearing if they believe that you did not know you had been charged with the offence. This might have happened if you were not served with the charge sheet. The magistrate will set aside the orders and give you a rehearing.

What if I do not go to court for the rehearing

Your application will be struck out and you will need the court’s permission to apply again for another rehearing. The court may not agree to this. If this happens you will have to follow the order that was made at the ex parte hearing.

About this website

Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

How Victoria Legal Aid can help: Call us on 1300 792 387, Monday to Friday from 8.45 am to 5.15 pm, for free information over the phone about the law and how we can help you. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au